Decision

Decision  Richard F. Tremblay v. Art Cement Products Co., Inc.

Date: 07/22/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 041580-82
Location: Boston
  • Employee: Richard F. Tremblay
  • Employer: Art Cement Products Co., Inc.
  • Insurer: American Mutual Insurance Co/Helmsman Mgt. Co.

WILSON, J. The insurer appeals the decision of an administrative judge, who denied its complaint to modify or discontinue the employee’s weekly benefits of permanent and total incapacity under § 34A. We conclude that the judge’s finding that the employee remained totally and permanently incapacitated was based in part on subsidiary findings that were unsupported by the medical or lay evidence and in part on an inadequate vocational analysis. We vacate the decision and recommit the case for reconsideration of the employee’s extent of incapacity without reference to the unsupported findings and with a vocational analysis supported by more detailed findings of fact.

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